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Madhya Pradesh High Court · body

2017 DIGILAW 598 (MP)

Madan Mohan Beohar v. State of M. P.

2017-05-02

SANJAY YADAV

body2017
ORDER 1. In furtherance to order dated 11.4.2017 respondents have filed the progress report indicating that steps has been taken by them in furtherance to FIR registered vide Crime No.498/2015 for an offence under sections 419, 420, 409, 467, 468, 471 and 120B of IPC. The report is taken on record. 2. Grievance raised by the petitioners against the alleged non-payment of Rs.1,31,418/- which, as per petitioners, accrues in lieu of acquisition of land bearing Khasra No.1703/1 and 1704/1 situated at Village Gauraha, Bhitauni, Tahsil Majhauli District, Jabalpur which as per petitioners was acquired by respondent No.3 for construction of canal. 3. It is contended that subject land was recorded in the name of their mother Sumitra Bai Beohar who expired on 16.6.2005. It is further contended that in the year 2012 on an information sought for by the Department the petitioners were informed that land was acquired and an Award was passed on 8.1.2005 and a notice under section 12(2) of Land Acquisition Act, 1894 was issued and was received by one of the family member of the petitioners where after compensation was disbursed to the mother of the petitioners on 7.5.2008. 4. It is the contention of the petitioners that since the mother expired way back on 16.6.2005 it was surprise to them that the compensation in lieu of land acquired was received by one “Sumantribai” which led the petitioners lodge the complaint with the Police which after much persuasion after filing this petition is registered vide Crime No.498/2015 against unknown person. 5. It is urged that since petitioners' mother has not received the compensation in acquisition of land they are entitled for said compensation. 6. Consequently, relief to that extent is sought by the petitioners and also direction to respondents to enquire into the whole affair and bring to book the persons responsible for preparing forged and fabricated records and the persons responsible to make payment to a fictions person and also to prosecute them as well as the person who received the payment impersonating herself as the mother of the petitioners. 7. So far as relief regarding initiation of action against the culprit since the police has already registered a crime and investigation is in progress, no further order is warranted on that ground. 8. 7. So far as relief regarding initiation of action against the culprit since the police has already registered a crime and investigation is in progress, no further order is warranted on that ground. 8. As regard to direction to respondents No.1 to 3 to pay compensation of Rs.1,31,418/- with an interest @ 18% per annum from the date of taking possession of land, in the considered opinion of this Court, the right would accrue only after it is established that the money has been withdrawn by a person impersonating herself as mother of the petitioners. Till then there is no accrual of right in favour of petitioners as would warrant a direction to the respondents. It is only after when alleged crime is established and it is established that the amount has been received by the person impersonating mother of the petitioners, the right to claim the amount in lieu of acquisition of land belonging to the mother will arise. Therefore, the relief for grant of compensation cannot be allowed in the present facts situation. 9. The petition is finally disposed of in above terms. 10. It is expected that the respondents will discharge their duties diligently and will leave no stone unturned to bring the culprit to book.